Is there a minimum time you must stay with the same employer after EB-1B approval?

There is no rule that sets a mandatory minimum stay with the sponsoring employer after the EB-1B is approved. That said, the timing of any job change deserves careful thought.

The EB-1B is the category for internationally recognized professors and researchers and requires a job offer from the petitioning employer. While the green card process is underway, especially with a pending adjustment of status application, USCIS expects you to maintain a genuine intent to fill the position that supported the petition.

Changing jobs shortly after petition approval may raise questions about the authenticity of the offer and the consistency of the case. Once permanent residence is granted, that flexibility increases and there is no requirement to remain with the same employer for any set period.

• There is no legal minimum stay after approval.
• With adjustment of status pending, maintain genuine intent to fill the offered position.
• If a change is unavoidable, document the transition carefully.

Because each situation has its own details, it is worth discussing the timing and manner of any potential move with a specialist to avoid jeopardizing the process.

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Victoria Harper

Editor-in-Chief

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As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.